Court on its own Motion vs. State of Himachal Pradesh and Others, Application No. 237(THC)/2013 (CWPIL No. 15 of 2010), Application No. 238(THC)/2013 (CWP No. 5087 of 2011), and Application No. 239(THC)/2013 (CWP No. 5088 of 2011), India

The application was filed due to tourism-related traffic pollution causing air pollution, affecting glaciers in Manali, Himachal Pradesh. Increased traffic emitted unburned hydrocarbon and carbon soot, blackening snow cover in the mountains. Citing various studies, the National Green Tribunal (NGT) reported that 40% of glacial retreat could be attributed to black carbon—soot, a by-product of agricultural waste and vehicles. Another study from 1990–2001 showed that the Parbati Glacier in Himachal Pradesh had receded at the rate of 52 meters per year. The NGT observed that excess atmospheric carbon dioxide was causing global warming, with emissions stemming from industries, power stations and motor vehicles. In India, global warming would cause early ice melt. The court considered there was a need for mechanisms to protect glaciers “in the interest of environmental and ecological balance.” Reasoning that the “citizens of the country have a fundamental right to a wholesome, clean and decent environment,” the NGT passed directives to protect the eco-sensitive glacial region. The directives included ways to address vehicular pollution, deforestation, cleanliness and hygiene of the environment, as well as general directions to prevent and control environmental degradation and damage in the glacial region.